TCDA Packet - 5/23/2023 IN41 City of Tigard
I
TICAL •
Tioardl Business Meeting —Agendla
TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY
MEETING DATE AND MAY 23,2023 6:30 p.m.Business Meeting
TIME:
MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223-See
PUBLIC NOTICE below
PUBLIC NOTICE:In accordance with Oregon House Bill 4212,this will be a hybrid meeting where some Council,
staff or public will participate in person and some will participate remotely.
How to comment:
•Written public comment may be submitted electronically at www.tigard-or.gov/Comments before noon the day of
the meeting.
•If attending the meeting in person,please fill out the public comment sign-in sheet at the front of the room and
come to the microphone when your name is called.
•If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue.We ask that you plan on
limiting your testimony to three minutes.
•You may comment through video through the Teams app. Go to this link to learn how to participate by
video: May 23,2023 Council Meeting
(https://www.tigard-or.gov/Home/Components/Calendar/Event/3464/66).
Upon request,the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers,it is important to allow as much lead time as
possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling:
503-718-2419 (voice) or 503-684-2772 (FDD -Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
VIEW LIVESTREAM ONLINE:https://www.tigard-or.gov/boxcast
CABLE VIEWERS:The City Council meeting will be shown live on Channel 21 (1st Tuesdays) and Channel 28 (2nd&
4th Tuesdays) at 6:30
p.m.The meetingwill be rebroadcast st at the followingtimes on Channel 28:
Thursday 6:00 p.m. Friday 10:00 p.m. Saturday 7:30 p.m. Sunday 11:30 a.m. Monday 6:00 a.m.
111 City of Tigard
Tigard Business Meeting —Agenda
TIGARD_
TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY
MEETING DATE AND TIME: MAY 23,2023- 6:30 p.m. Business Meeting
MEETING LOCATION: Hybrid-City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223
6:30 PM
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Call to Council and Staff for Non-Agenda Items
2. PROCLAMATIONS AND RECOGNITION
A. GUN VIOLENCE AWARENESS DAY PROCLAMATION 6:35 p.m. estimated time
B. PRIDE MONTH PROCLAMATION 6:45 p.m. estimated time
3. PUBLIC COMMENT
A. Follow-up to Previous Public Comment
B. Tigard High School Student Envoy
C. Public Comment—Written
D. Public Comment—In Person
E. Public Comment—Phone-In
F. Public Comment—Video
4. LEGISLATIVE PUBLIC HEARING:HOUSE BILL 3115 RESPONSE ORDINANCE
7:00 p.m. estimated time
5. CONSIDERATION OF A DEVELOPMENT ASSISTANCE AGREEMENT
7:30 p.m. estimated time
6. HOUSING POLICY UPDATE AND ROADMAP 7:45 p.m. estimated time
7. POLICE SERVICES LEVY BALLOT MEASURE DATE SELECTION 8:15 p.m. estimated time
8. NON AGENDA ITEMS
9. ADMINISTRATIVE REPORT 8:45 p.m. estimated time
10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session.If an Executive
Session is called to order,the appropriate ORS citation will be announced identifying the applicable
statute.All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS
192.660(4),but must not disclose any information discussed.No Executive Session may be held for the
purpose of taking any final action or making any final decision. Executive Sessions are closed to the
public.
11. ADJOURNMENT 8:50 p.m. estimated time
AIS-5241 2.A.
Business Meeting
Meeting Date: 05/23/2023
Length(in minutes): 10 Minutes
Agenda Title: Gun Violence Awareness Day Proclamation
Authored By: Nicole Hendrix
Presented By: Guest Speaker Teri Mills /No Staff Report
Item Type: Proclamation
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
Community member Teri Mills requested June 2,2023 be Gun Violence Awareness Day.This proclamation declares the
first Friday in June to be Gun Violence Awareness Day in the City of Tigard to honor and remember all victims and
survivors of gun violence and to declare that we as a country must do more to end this public health crisis.
ACTION REQUESTED
The Tigard team asks the Mayor to proclaim June 2,2023 as Gun Violence Awareness Day.
BACKGROUND INFORMATION
Public Involvement
This request is on behalf of the Moms Demand Action-Tualatin/Tigard/Lake Oswego/Wilsonville/West Linn
Chapter.
Impacts (Community, Budget,Policies and Plans/Strategic Connection)
Mayors and law enforcement officers—in partnership with local violence intervention activists and resources—know
their communities best,are the most familiar with local criminal activity and how to address it,and are best positioned
to understand how to keep their community safe. Gun violence prevention is more important than ever as we see an
increase in firearm homicides,and nonfatal shootings across the country,increased calls to domestic violence hotlines,
and an increase in gun violence.
ALTERNATIVES&RECOMMENDATION
The Mayor may choose not to publicly proclaim Gun Violence Awareness Day,however city teammates recommend
this item be proclaimed publicly.
ADDITIONAL RESOURCES
Attachments
Proclamation- Gun Violence Awareness Day 2023
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7 ' GUN VIOLENCE AWARENESS DAY
JUNE 2;VI , 2023 iff. *014
' WHEREAS,every day,more than 120 Americans are killed by gun violence and more than 200 ,,' >_
y are shot and wounded,with an average of more than 17,000 gun homicides every year;and r r°
• : WHEREAS,Americans are 26 times more likely to die by gun homicide than people in other 3- `04;10-..»
high-income countries;and
I
:f WHEREAS,Oregon has 587 gun deaths every year,with a rate of 13 deaths per 100,000 i� people,a crisis that costs the state$8.1 billion each year,of which$89.1 million is paid by taxpayers.Oregon has the 34th highest rate of gun deaths in the US;andTs.1061:::WHEREAS,gun homicides and assaults are concentrated in cities,with more than half of all -
_3,-_,t firearm related gun deaths in the nation occurring in 127 cities;and
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'`°i WHEREAS,cities across the nation,including in Tigard,are working to end the senseless
violence with evidence-based solutions;and ,
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' Y WHEREAS,protectingpublic safetyin the communities theyserve is mayors'highest
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responsibility;ander ,4.
WHEREAS,support for the Second Amendment rights of law-abiding citizens goes hand-in-
hand with keeping guns away from people with dangerous histories;and `
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-' WHEREAS,mayors and law enforcement officers—in partnership with local violence fy,3tt` H
intervention activists and resources—know their communities best,are the most familiar with
local criminal activity and how to address it,and are best positioned to understand how to keep
their community members safe;and .,
WHEREAS,gun violence prevention is more important than ever as we see an increase in a!
firearm homicides,andnonfatalshootings across the country,
increased calls to domestic i
{ r f violence hotlines,and an increase in city gun violence; 1,; I
''�®1WHEREAS,in January 2013, Hadiya Pendleton was tragically shot and killed at age 15;and on IHI"_
June 2,2023 to recognize the 26th birthday of Hadiya Pendleton(born:June 2, 1997),people
is across the United States will recognize National Gun Violence Awareness Day and wear i '
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orange in tribute to- a,.,
(1)Hadiya Pendleton and other victims of gun violence;and r
.: (2)the loved ones of those victims;and :;r
WHEREAS,the idea was inspired by a group of Hadiya's friends,who asked their classmates n
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/4 i to commemorate her life by g
wearing orange;they chose this color because hunters wear _
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. orange to announce themselves to other hunters when out in the woods,and orange is a color f" '
that symbolizes the value of human life;and IG
.
• WHEREAS,anyone can join this campaign by pledging to wear orange on June 2nd,the first
die Friday in June in 2023,to help raise awareness about gun violence;and
• WHEREAS,by wearing orange on June 2,2023 Americans will raise awareness about gun 2P.
.„:„:.;,, r, violence and honor the lives of gun violence victims and survivors;and
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WHEREAS,we renew our commitment to reduce gun violence and pledge to do all we
can to keep firearms out of the hands of people who should not have access to them,and
tr k oI encourage responsible gun ownership to help keep our families and communities safe. ;
W NOW,THEREFORE BE IT RESOLVED,that Mayor Heidi Lueb of the City of Tigard declares 4,1414t =
r4 . I the first Friday in June,June 2,2023,to be
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GUN VIOLENCE AWARENESS DAY
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3jitlo I in Tigard and encourages all community members to support their local communities'efforts '
_ to prevent the tragic effects of gun violence and to honor and value human lives. ,,
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Dated this 23rd day of May 2023 CI
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r � IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of i
Tigard to be affixed.
Heidi Lueb, Mayor
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,., City of Tigard ° �
<; Attest:
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AIS-5235 2.B.
Business Meeting
Meeting Date: 05/23/2023
Length(in minutes): 5 Minutes
Agenda Title: Pride Month Proclamation
Authored By: Alexandra Richardson
Presented By: Violet Rogers-Stultz will provide a team report
Item Type: Proclamation
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
This proclamation recognizes the contributions of LGBTQIA+individuals in Tigard and beyond.June is nationally
recognized as Pride Month in support of the quest for continued recognition of basic human rights for all LGBTQIA+
people. Tigard reaffirms its commitment to fight discrimination against our valued members of the LGBTQIA+
community and celebrates the progress they've made towards equality.
ACTION REQUESTED
The Tigard team asks the Mayor to proclaim the month of June 2023 as Pride Month in Tigard and to read the
proclamation in full at City Council.
BACKGROUND INFORMATION
Dates of Previous and Potential Future Considerations
City Council has issued a proclamation in support of June as Pride Month every year since 2019.
Public Involvement
The city has been working with Tigard-Tualatin School District to promote and plan a Pride Parade&Celebration on
June 10 from 2-5PM at Tigard High School.Additional events through the Library are available this June
including Tigard's Municipal Court is waiving its fees for LGBTQIA+wedding ceremonies performed during the
month of June.Tigard Public Library is hosting a Pride Parade Sign-Making Party on June 4 and Drag Queen Storytime
on June 11. Input from affinity groups,board and committee members,and students have been incorporated into the
planning of the Celebration and Parade.
Impacts (Community,Budget,Policies and Plans/Strategic Connection)
This proclamation reinforces the city's strategic vision and community promise to be equitable for all.
ALTERNATIVES& RECOMMENDATION
The Mayor could choose not to issue the proclamation,but city teammates recommend its issuance to reaffirm our
support for LGBTQIA+ friends and family members.
ADDITIONAL RESOURCES
https://www.tigard-or.gov/explore-tigard/pride-celebration
Attachments
2023 Pride Month Proclamation
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`�'` PRIDE MONTH ,.� i
Ia JUNE 2023 a
+ SI WHEREAS,June is celebrated as Pride Month nationwide to commemorate the Stonewall g: 4
'*' i Uprising in New York which is considered the beginning of the LGBTQIA+civil rights . ,
_ movement;and e
L- WHEREAS,Tigard is a community that includes and values its Lesbian, Gay, Bisexual,
l ' Transgender ,Queer,Questioning,Intersex,Asexual,and Two-Spirit individuals;and 3 071''i, M
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WHEREAS,Tigard's LGBTQIA+community is a diverse and essential part of our city whose
members contribute to the widespread academic,economic,artistic,political,and social 4.•,
spheres within and around the Tigard community;and 3 7
. WHEREAS,Pride Month in Tigard is meant to raise awareness of the prejudice and AV"
ii, discrimination still facing members of the queer community and honor their power and s
- ,t perseverance in fighting discrimination in all its forms;and
j: WHEREAS,community members whose gender identity or sexual orientation intersects with 11 �}
.. race,ethnicity,ability,gender,or religion experience additional stigma and discrimination;and .q a x
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rWHEREAS,everyone is entitled to equal rights freely granted to all Americans inclusive of
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gender identity and sexual orientation;and
'! WHEREAS,our city will stand up to discriminatory actions and harmful speech;and *
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WHEREAS,the valuable contributions made by Tigard's LGBTQIA+community promote
'I� innovation and positive change with lasting effects within our city;and =ct:/ -.
. 0 WHEREAS,in partnership with Tigard-Tualatin School District,the City of Tigard celebrates �.,
o Pride with a community celebration and parade on June 10.The city acknowledges and affirms i,,
queer love with waived Municipal Court fees for all LGBTQIA+wedding ceremonies performed 9';O y
r ) durinriig the month of June.The city is committed to creating safe spaces for the community with ,,=:
sli Pride programs at the Tigard Public Library; .A-r..
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® NOW THEREFORE BE IT RESOLVED,the City of Tigard Mayor does hereby proclaim her ,
° support for designating June 2023 as,
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PRIDE MONTH p
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'l in Tigard and encourages all community members to respect and honor our diverse community. y" .
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Dated this th day of_2023
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
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Tigard to be affixed. ', _ .
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IHeidi Lueb, Mayor
, City of Tigard
3'o Attest:
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: ;>, Carol A. Krager,City Recorder -
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TIGARD
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Public Comments received
for the May 23, 2023
Meeting of the
Tigard City Council
1. May 17,2023 Randall Yesmont Re: Affordable Housing Presentation and Planned
Policy— urging Council to implement rent control in
Tigard to address the escalating rent crisis.
2. May 17,2023 Kendra Smith Re: Support of Oregon Rent Control Bill as a crucial
step towards addressing ongoing housing
affordability.
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Wednesday, May 17, 2023 12:03 PM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* Public Meeting Comment Form
Public Meeting Comment Form
Submission#: 2441728
IP Address: 131.252.55.192
Submission Date: 05/17/2023 12:03
Survey Time: 10 minutes, 56 seconds
You have a new online form submission.
Note:all answers displaying"*****" are marked as sensitive and must be viewed after your login.
Name
Randall Yesmont
Email
Complete Address
8035 SW Thorn St
Tigard,OR 97223
Which agenda item or topic are you commenting on? (Comments are due by Monday at noon)
Affordable Housing Presentation & Planned Policy
Comments
I strongly urge the City Council to implement rent control in Tigard, OR to address the escalating rent crisis. While Oregon has
statewide rent control and Portland limits rent increases to 9.9%,Tigard lacks such protections.Suburban residents are facing 14.6%
rent increases, leading to financial strain and displacement.Some landlords are even using this tactic to force residents out and raise
prices, exacerbating the crisis. Follow Oregon's lead and enact rent control to safeguard tenants and promote housing stability.
Engage with community members, tenant organizations, and experts to develop an equitable policy.Act now to protect Tigard's
residents and ensure affordable housing for all.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
This is an automated message generated by Granicus.Please do not reply directly to this email.
1
Carol Krager
From: City of Tigard, OR <webteam@tigard-or.gov>
Sent: Wednesday, May 17, 2023 2:55 PM
To: Carol Krager;Jesse Raymundo; Webteam
Subject: *NEW SUBMISSION* Public Meeting Comment Form
Public Meeting Comment Form
Submission#: 2442377
IP Address: 71.59.223.30
Submission Date: 05/17/2023 2:54
Survey Time: 13 minutes, 10 seconds
You have a new online form submission.
Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login.
Name
Kendra Smith
Email
Complete Address
8045 SW Thorn Street
Tigard,OR 97223
Which agenda item or topic are you commenting on?(Comments are due by Monday at noon)
Portland Renter Additional Protections https://www.portland.gov/code/30/01/085
Comments
I am writing to express my enthusiastic support for the Oregon Rent Control Bill outlined in the document at
https://www.portland.gov/code/30/01/085.As a concerned citizen, I firmly believe that implementing rent control measures is a
crucial step toward addressing the ongoing housing affordability crisis in our state.The proposed legislation presents an opportunity
to alleviate the burden faced by countless Oregonians struggling with skyrocketing rental costs. Rent control is essential for ensuring
housing stability and preventing displacement. By placing limits on annual rent increases,this bill would protect vulnerable renters
from abrupt and unaffordable hikes in rental prices,giving them greater security and peace of mind.Stable housing is not only a
basic human right but also a foundation for thriving communities, improved mental and physical health,and better educational
outcomes. Moreover, rent control measures can help curb gentrification and preserve the socioeconomic diversity that makes
Oregon unique.As neighborhoods undergo rapid development, low-income residents, marginalized communities,and long-time
residents are disproportionately impacted. By regulating rent increases and providing a predictable framework for landlords and
tenants alike,this bill would strike a balance between fostering economic growth and ensuring that existing residents can continue
to call our neighborhoods home.
Attachment Supporting Documents/Images
Thank you,
City of Tigard
1
AGENDA ITEM NO. 3.D - PUBLIC COMMENT DATE: May 23, 2023
(Limited to 2 minutes or less,please)
The Council wishes to hear from you on other issues not on the agenda but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and cities of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
NAME & CITY YOU LIVE IN TOPIC STAFF
Please Print CONTACTED
i
Name .baa i( / o.'lf City r
Also,please spell your name as it sounds,if it will help the f,4 a
presiding officer pronounce: ecim.4
146,6,1
,30, 4 (1411
Optional: If you want a response from staff please 0
leave your contact information:
Address .3°55 lsw ory c
City -1-t err O1
State CYZ-. Zip CY1 113
Phone no. or email L(g G 353 71 05
Name City
Also,please spell your name as it sounds,if it will help the
presiding officer pronounce:
Optional: If you want a response from staff please
leave your contact information:
Address
City
State Zip
Phone no. or email
Name City
Also,please spell your name as it sounds,if it will help the
presiding officer pronounce:
Optional: If you want a response from staff please
leave your contact information:
Address
City
State Zip
Phone no. or email
AIS-5205 4.
Business Meeting
Meeting Date: 05/23/2023
Length(in minutes): 30 Minutes
Agenda Title: Legislative Public Hearing:House Bill 3115 Response Ordinance
Authored By: Kim Ezell
Presented By: City Attorney Rihala and Program Manager Ezell
Item Type: Update,Discussion,Direct Staff
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
Tigard and neighboring jurisdictions are developing time,place,and manner ordinances in response to HB 3115 and
recent case law. Under HB 3115,any regulation of sitting,lying,sleeping,or keeping warm and dry outdoors on public
property that is open to the public must be objectively reasonable as to time,place,and manner prior to July 1,2023.
The City's current code regulating camping was enacted prior to court decisions such as Martin v.Boise and does not
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comply with HB 3115. In addition to repealing Tigard Municipal Code Chapter 7.80,staff is asking Council to pass an
ordinance that addresses when,where,and how the houseless community can camp in Tigard.
ACTION REQUESTED
Following the discussion at the May 9,2023 meeting,staff incorporated Council's comments and recommends approval
of this ordinance.
BACKGROUND INFORMATION
As discussed at the May 9th Council meeting,Tigard's goals in developing this ordinance are:
•Clear to understand and enforce
•Enhance the livability including health and safety for all community members
•Protect the environment,community assets,and infrastructure of Tigard
•Align ordinance with neighboring jurisdictions'ordinances
Based on those and other considerations,as well as feedback from City Council,Tigard's ordinance proposes the
following:
•TIME
•Camping prohibited between 9am and 7pm
•PLACE
•Camping prohibited in-
•Sensitive lands
•City parks
•City parking lots
•SW Burnham,SW Main,and SW Commercial Streets and SW Tigard Street between Main St and
Tiedeman St
•Within any vision clearance area,as defined by Tigard Community Development Code Chapter
18.930.
•500 ft.of houseless services,schools,and freeway entrances/exits
•MANNER
•Camping may not reduce mobility access below 36 inches or otherwise impede travel
• 10 ft. buffer around driveways,entrances/exits of buildings,fire hydrants,other utility infrastructure
•May not start or maintain a fire or use a gas heater
•May not dig,excavate,erect/install fixtures,harm vegetation
•May not accumulate,discard,or leave behind trash,hazardous materials,or feces
• Campsite is limited to 12x12 feet and cannot be within 20 feet of another campsite
•No unauthorized connections to electrical outlets or other utilities
Public Involvement
Significant public involvement has been completed with concerned stakeholder groups.
Since January 2023,the City has engaged the Community Homelessness Assessment and Response Team (CHART),
which has provided feedback and will continue to be consulted for feedback on the ordinance and implementation
concerns.
The Committee for Community Engagement(CCE)was briefed and consulted on the ordinance in February and May.
The Chiefs Advisory Panel has been consulted and gave feedback to staff on the direction of the Time,Place,Manner
ordinance.
Staff held multiple 1-1 and group conversations with neighboring jurisdictions about the status of each community's
ordinance and how we can align our respective ordinances.
Feedback from all of these conversations has been incorporated into the proposed draft ordinance.
Impacts (Community,Budget,Policies and Plans/Strategic Connection)
Council adopted'Reduce Houselessness'as a 2023-2024 Council Goal.A key element of staffs action plan to
accomplish the Goal is to enact and implement a time,place,manner ordinance that will support the entire community.
Dates of Previous and Potential Future Considerations
Staff presented background information,considerations,and recommendations to Council on May 9. Staff will continue
to update Council on the effectiveness of the ordinance in the future.
ALTERNATIVES& RECOMMENDATION
Council may choose to amend any portion of the ordinance or choose not to adopt.
ADDITIONAL RESOURCES
N/A
Attachments
Map of Prohibited Camping
Ordinance
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 23-
AN ORDINANCE PROHIBITING AND REGULATING CAMPING IN THE CITY OF TIGARD
WHEREAS,houselessness is a critical concern in the Tigard community and the Tigard City Council has adopted
as a Council goal`Reduce Houselessness'through compassionate care for all community members;and
WHEREAS, the court decisions Martin v. Boise and Johnson v. Grants Pass held that prohibiting camping in the
absence of available shelter violates a person's Eighth Amendment rights against cruel and unusual punishment,
but that a municipality may adopt reasonable time,place, and manner regulations;and
WHEREAS, Oregon House Bill 3115 (2021) codified the Boise decision and required all local government
regulation of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the
public must be objectively reasonable as to time,place, and manner prior to July 1, 2023;and
WHEREAS,the intent of this ordinance is to enhance the livability,including health and safety,for all community
members as well as to protect the environment,community assets,and infrastructure of Tigard;and
WHEREAS, camping in certain sensitive or high-risk areas creates a danger to the environment,the public,and
the persons experiencing homelessness;and
WHEREAS, camping on or near certain locations or infrastructure prevents the public's ability to use those
locations for their intended purpose and may result in imminent threats to life safety;and
WHEREAS,when shelter is not available,this ordinance allows a person to sleep protected from the elements
and maintain the essentials for living,while still allowing others to use public spaces in a safe way,as designed
and intended.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 7.80, Camping Prohibited in Certain Areas, is hereby
repealed in its entirety and replaced with the attached Exhibit A.
SECTION 2: Tigard Municipal Code Section 7.52.180,Camping in Sensitive Areas,is hereby deleted.
SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, such invalidity does not affect the other provisions or applications of the
ordinance which can be given effect without the invalid provision or application,and to this
end the provisions of this ordinance are severable. This City Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
ORDINANCE No. 23-
Page 1
PASSED: By vote of all council members present after being read by number and
title only, this day of , 2023
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this day of ,2023.
Heidi Lueb,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No.23-
Page 2
Exhibit A
Tigard Municipal Code Chapter 7.80
Prohibited Camping
7.80.010 Definitions.
"Available shelter"means a shelter that has space for a person experiencing homelessness. A shelter is not
available if the shelter:
1. Is at capacity and does not have space to accommodate the person experiencing homelessness;
2. Has a maximum stay rule or temporal requirement or deadline the person has exceeded
or not met;
3. Has excluded the person from the shelter for any lawful reason;
4. Cannot reasonably accommodate the person's mental health or physical needs;
5. Is unavailable due to the person's family status, age,gender,gender identity, sexual
orientation, or other status;
6. Is unavailable to the person because the shelter has rules about alcohol or
drug use that the person does not meet;
7. May prohibit a minor child to be housed in the same facility with at least one parent or
legal guardian;
8. Requires participation in religious activity or receipt of religious information or religious
teaching the person does not wish to participate in or receive; or
9. Requires a person to leave their pet(s) unattended in order to stay at the shelter.This
section does not apply to service animals under the Americans with Disabilities Act.
"Camp"means to set up or remain in or at a campsite for the purpose of establishing or maintaining a permanent
or temporary place to live.
"Camp materials"may include,but are not limited to,tents,huts,awnings,lean-tos,chairs,tarps or tarpaulins,
cots, beds, sleeping bags, blankets, mattresses, sleeping or bedding materials, food or food storage items, or
similar items that are or appear to be used as living or sleeping accommodations, or to assist with living or
sleeping activities.
"Campsite"means any place where the use of any tent,lean-to,shack,or other structure is placed,established,or
maintained for the purpose of maintaining a permanent or temporary place to live and includes all camp materials.
"City park" means any parkland, public parkways, public squares, trails, greenways, playgrounds, and other
recreation areas, whether publicly or privately owned, dedicated, leased, or otherwise set aside for public use
and not under the supervision or control of any other public agency.
"Freeway"means a highway for through traffic where access to the highway is fully controlled except as may be
allowed at designated interchanges and includes Interstate 5 and Highway 217.
"Person experiencing homelessness"means a person who lacks a fixed,regular,and adequate nighttime residence.
"Person without available shelter" means a person experiencing homelessness and who does not have access to
available shelter.
ORDINANCE No. 23-
Page 3
"Property where homeless services are provided" means any property where regular, direct services to persons
experiencing homelessness are provided or have been provided in that calendar year. Such services include,but
are not limited to service of food prepared on-site or offsite,showering or bathing,storage for personal property,
case management,or laundry facilities.
"Right-of-way" means an area that allows for the passage of people, goods, or utilities. Right-of-way may
include freeways,pedestrian connections,and streets.A right-of-way may be dedicated or deeded to the public
for the public use or owned by the City or other public body.
"Shelter facility"means a building that provides, or has provided in that calendar year, emergency shelter on a
temporary basis for individuals and families who lack permanent housing.
7.80.020 Prohibited Camping.
It is unlawful for any person to camp in or upon any right-of-way or City park,unless specifically authorized by
this Chapter or by local emergency declaration.
7.80.030. Time,Place, and Manner Regulations.
A. A person without available shelter may camp only if all of the following time, place, and manner
regulations are met.
B. Time Regulations.A person without available shelter may camp between the hours of 7 p.m. and 9 a.m.
After 9 a.m., a person without available shelter must dismantle the campsite and remove all personal
property and camp materials from the campsite.
C. Place Regulations. A person without available shelter may not camp in the following places at any time:
1. Within any environmentally sensitive lands, as defined by the Tigard Community Development
Code.
2. Within any City parking lot.
3. Within any City park.
4. Within 500 feet from a shelter facility or a property where homeless services are provided.
5. Within 500 feet from a public or private elementary school, secondary school, or career school
attended primarily by minors.
6. Within 500 feet from an egress or ingress to a freeway.
7. Within any vision clearance area, as defined by Tigard Community Development Code Chapter
18.930.
8. On SW Main Street, SW Burnham Street, SW Commercial Street, or SW Tigard Street between
SW Main Street and SW Tiedeman Ave.
ORDINANCE No. 23-
Page 4
D. Manner Regulations. A person without available shelter may camp if the person without available shelter
complies with all of the following manner regulations:
1. A campsite or camp materials may not obstruct that portion of the sidewalk, multi-use path or
pedestrian path in a manner that results in less than 36 inches of unobstructed width for
passage as required by the Americans with Disabilities Act.
2. A campsite or camp materials may not obstruct any portion of any street, bike lane, or bike
path intended for travel for vehicle, bicycle,pedestrian or other legal mode of travel or
impair unobstructed use thereof.
3. A campsite or camp materials may not create a physical impairment to pedestrian ingress and
egress,including within 10 feet of driveways or 10 feet of entrances or exits from buildings.
4. A camp or camp materials may not create a physical impairment to emergency ingress or
egress or emergency response including within 10 feet of any fire hydrant,utility pole, or
other utility, fire gate/bollards, or public infrastructure used for emergency response.
5. A person without available shelter may not(a)start or maintain any fire for the purpose of burning
any combustible material in or around a campsite;or(b)use a gas heater in or around a campsite.
6. A person without available shelter may not accumulate, discard, or leave behind in or around a
campsite (a) any rubbish, trash,garbage,debris, or other refuse; (b) any unsanitary or hazardous
materials;or(c) any animal or human urine or feces.
7. A person without available shelter may not erect, install, place, leave, or set up any type of
permanent or temporary fixture or structure of any material or materials in or around a campsite.
For purposes of this subsection,a"permanent or temporary fixture or structure"does not include.
a tent,tarpaulin,or other similar item used for shelter that is readily portable.
8. A person without available shelter may not dig, excavate, terrace soil, alter the ground or
infrastructure, cause environmental damage, or damage vegetation or trees in or around the
campsite.
9. A campsite must be limited within a spatial footprint of 12 feet by 12 feet, or 144 square feet,
and a campsite may not be within 20 feet of another campsite. Multiple persons without
alternative shelter may camp together in a single campsite, subject to the limitations of this
subsection.
10. Unauthorized connections or taps to electrical or other utilities, or violations of building, fire,
or other relevant codes or standards, are prohibited.
11. Obstruction or attachment of camp materials to public infrastructure or private property
structures, including bridges or bridge infrastructure, fire hydrants, utility poles, streetlights,
traffic signals, signs, fences, trees,vegetation,vehicles or buildings is prohibited.
7.80.040 Violation.
ORDINANCE No. 23-
Page 5
A. Violation of this Chapter is punishable as follows:
1. Class 3 civil infraction;
2. Citation in lieu of arrest for criminal trespass in the second degree;or
3. Arrest for criminal trespass in the second degree.
B. A civil infraction or citation in lieu of arrest issued pursuant to Section 7.80.040(A)(1) or (2) may be
accompanied by an order of exclusion for up to 60 days.
C. An arrest for criminal trespass pursuant to Section 7.80.040(A)(3) may be accompanied by an order of
exclusion for not more than 180 days.
D. Nothing in this Section is intended to prescribe any particular or order of violation or penalty.A
police officer has discretion to impose a violation tailored to the circumstances and necessary to
maintain the health and safety of persons experiencing homelessness and the community.
ORDINANCE No. 23-
Page 6
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AGENDA ITEM No. 4 Date: May 23, 2023
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before the City Council on:
Legislative Public Hearing:
House Bill 3115 Response
Tigard Municipal Code (TMC)
Chapters 7.80 — Camping Prohibited in Certain Areas
Repealed and Replaced with
7.80.010 — Prohibited Camping
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony becomes part of the public record and is openly
available to all members of the public. The names and city of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
A
AGENDA ITEM No. 4 Date: May 23, 2023
PLEASE PRINT
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
available to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
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Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
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AGENDA ITEM No. 4 Date: May 23, 2023
PLEASE PRINT
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
available to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
FA L K 1 `112`11-F
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Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
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AIS-5211 5.
Business Meeting
Meeting Date: 05/23/2023
Length (in minutes): 15 Minutes
Agenda Title: Town Center Development Agency: Consideration of a Development Assistance Agreement
Authored By: Sean Farrelly
Presented By: Redevelopment Project Manager Sean Farrelly
Item Type: Resolution
Town Center Development Agency
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
The Board of the Town Center Development Agency(TCDA)will consider a resolution authorizing the City Attorney
and Executive Director to finalize and execute a Development Assistance agreement with AVA Tigard Development,
LLC. The agreement sets the terms for a Town Center Advisory Commission recommended$400,000 in TIF funding
toward a 22 unit apartment mixed-use building located on Main Street.The funds will pay for a portion of the Systems
Development Charges incurred.
ACTION REQUESTED
Staff requests the Board consider approval of the Town Center Advisory Commission recommended development
assistance contained in the attached resolution.
BACKGROUND INFORMATION
Public Involvement
The Town Center Advisory Commission(TCAC) reviewed the grant application at their March meeting and deliberated
and by a vote of 7-3,approved a funding level of$400,000 after considering the team's recommendation of$200,000.
Impacts (Community,Budget,Policies and Plans/Strategic Connection)
The AVA mixed use project broke ground in December 2022.The three story,24,766 sq ft building will have 6,980 sq
ft of retail and common areas on the ground floor,and 22 apartments on the second and third floors.The retail space
will have four owner-occupied catalytic businesses,including a coffee shop,roastery,bakery,and coffee cocktail bar.
The developers are also providing a small public viewing deck and easement adjacent to Fanno Creek.
The site is a former brownfield,which the TCDA purchased with the strategy of remediating the property with a
$400,000 EPA Brownfield grant.The clean-up grant work was completed and the TCDA received a Prospective
Purchaser Agreement Certificate of Completion in 2018.The Agency then partitioned the property, (retaining the
Fanno Creek portion) and issued a Request for Letters of Interest to developers.The Agency selected AVA Tigard
Development and entered into a Development and Disposition Agreement.The Agency sold the property to AVA in
January 2021.
This project faced many unforeseen and ongoing challenges.AVA reports$380,000 in unanticipated costs due to the
discovery of unstable fill material and very large boulders down to 9 feet below grade level,which resulted in additional
excavation,disposal,and substantial backfill material costs.Additionally,AVA reports$402,255 in increased costs due
to inflation and a shortage of labor and material,which is estimated to increase the construction cost by 7%.
AVA submitted an application for development assistance in February.Staff found that the project meets the criteria of
the development assistance program, scoring highly in the criteria of Public Amenities,High-quality Urban Design,and
Placemaking and Local Identity.The applicants requested a grant of$922,423,or 10%of the project cost. Staff
recommended awarding$200 000 to jointlyshare in the costs directlyattributed to the discoveryof unstable fill material
and boulders.
The application and staff recommendation were reviewed at the March Town Center Advisory Commission (TCAC)
meeting.By a vote 7-3,the TCAC recommended approval of$400,000 in development assistance to the Board of the
TCDA.The TCAC recommended the higher amount to fully cover the$380,000 in costs of excavation,additional
concrete,and schedule delays due to the site conditions.The TCAC's recommendation was in response to the
developer's statements that much of the project contingency had been used very early in the project which could
necessitate obtaining additional high interest rate financing.
This is an important project for downtown.There has not been a new building constructed on Main Street in
twenty-two years.It helps advance the goals of the City Center TIF District Plan,with the building's active ground floor
usage,new residents in new apartments,and the Fanno Creek public viewing deck. Planning and Development
assistance for mixed use projects are an approved project in the Plan.
The AVA project also implements the following objectives of the City of Tigard Strategic Plan 2020-2025,
•Strategic Priority 3:Ensure development and growth support the vision.
•3.1 Pursue land development that maximizes public health benefits while increasing connection between people
and community destinations
•3.2 Focus development-associated resources in parts of the city that have the capacity to serve,house,employ,
and attract the most people with the least impact on Tigard's natural systems and the
Once completed this will be an exemplary project in demonstrating how an underutilized contaminated site can be
revitalized with the help of federal, state,and local funding.
Dates of Previous and Potential Future Considerations
1/12/22:Approval of Amendment to Development and Disposition Agreement
12/14/21: Update on AVA Main Street at Fanno project
11/10/2020:Approval of the fourth amendment to the Development and Disposition Agreement
5/12/2020:Approval of the third amendment to the Development and Disposition Agreement
2/11/2020:Approval of the second amendment to the Development and Disposition Agreement
11/12/2019:Approval of a second 90-Day extension under the Development and Disposition Agreement with AVA
Tigard Development,LLC
9/3/2019:TCDA Review of Main Street at Fanno Creek Plans
5/8/2018:Approval the Development and Disposition Agreement resolution
ALTERNATIVES& RECOMMENDATION
The Board could recommend a smaller award,such as the team's original recommendation of$200,000,or direct staff
to renegotiate provisions in the Development Assistance Agreement.Renegotiation could impact the project timeline.
ADDITIONAL RESOURCES
N/A
Fiscal Impact
Cost: $400,000
Budgeted (yes or no): Proposed
Where Budgeted(department/program): In proposed FY24 TCDA Budget
Additional Fiscal Notes:
If approved,assistance would be paid in FY24,when the building is complete and SDC's are due. $400,000 in
development assistance funding is proposed in the FY 24 TCDA Budget(City Center TIF fund.)
Attachments
Resolution
Draft AVA Dev.Asst.Agreement
AVA Memo
AVA application
CITY OF TIGARD, OREGON
TOWN CENTER DEVELOPMENT AGENCY
RESOLUTION NO. 23-
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
TOWN CENTER DEVELOPMENT AGENCY TO SIGN A DEVELOPMENT
ASSISTANCE AGREEMENT WITH AVA TIGARD DEVELOPMENT LLC
FOR THE AVA MAIN STREET PROJECT
WHEREAS, Goal 5 of the City Center Urban Renewal Plan is to, "Promote high quality
development of retail, office and residential uses that support and are supported by public
streetscape, transportation, recreation and open space investments, and
WHEREAS, Objective 5A of Goal 5 of the City Center Urban Renewal Plan is to, "Provide
development incentives and technical assistance programs that encourage business and property
owners to develop projects that are consistent with the Tigard Downtown Improvement
Plan vision, the 2019 Affordable Housing Plan, the City of Tigard Strategic Plan 2020-2025, and
the Tigard Comprehensive Plan;" and
WHEREAS, the City Center Urban Renewal Plan specifically authorizes planning and development
assistance as an urban renewal project; and
WHEREAS, AVA Tigard Development, LLC has started construction on a 22-unit mixed use
project with public viewing deck on Main Street; and
WHEREAS,AVA Tigard Development, LLC, has encountered unanticipated site condition that have
added to the costs of construction; and
WHEREAS, the Town Center Advisory Commission found the project meets the criteria for
funding and has recommended approval of$400,000 in development assistance to the TCDA
Board; and
WHEREAS, the Development Assistance Agreement sets out the terms and conditions for the
Agency to make a$400,000 grant to pay for certain System Development Chagres the project will
incur.
NOW,THEREFORE, BE IT RESOLVED, by the Tigard Town Center Development Agency that:
SECTION 1: The Executive Director of the Town Center Development Agency is
authorized to execute the Development Assistance Agreement attached as
Exhibit 'A', subject to final legal review.
SECTION 2: The Executive Director of the Town Center Development Agency may
approve editing or similar changes to Exhibit'A' that do not materially alter
the rights or responsibilities of the parties.
TCDA Resolution No. 23-
Page 1
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This day of , 2023.
Chair—City of Tigard
Town Center Development Agency
ATTEST:
Recorder—City of Tigard
Town Center Development Agency
TCDA Resolution No. 23-
Page 2
EXHIBIT A
DEVELOPMENT ASSISTANCE AGREEMENT
THIS DEVELOPMENT ASSISTANCE AGREEMENT ("Agreement") is made this
day of 2023 ("Effective Date") by and between the Town Center Development Agency, an
ORS Chapter 457 urban renewal agency ("TCDA") and AVA Tigard Development,LLC, an Oregon
limited liability company ("AVA"). TCDA and AVA may be referred to in this Agreement jointly as the
"Parties" and individually as a"Party."
RECITALS
A. AVA owns the real property located at 12533-12537 SW Main Street,Tigard, Oregon (the
"Property").
B. AVA has requested TCDA financial assistance to complete construction of a three-story mixed-use
building with 22 apartments,ground floor commercial space and a public viewing deck (the
"Project").
C. The Parties desire to enter into the Agreement for TCDA to provide development assistance to
AVA for the development of the Project. `
NOW,THEREFORE,in consideration of the public benefits to be created by the development of the
Project and for other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the Parties hereby agree as follows:
AGREEMENT
1. AVA PROJECT
1.1 AVA has requested development assistance from the TCDA to help defray the costs of
addressing unanticipated site conditions. Unstable fill material and large boulders were
discovered during excavation of the Property. The project construction budget has
contingency,but these costs were unusually large and came very early in the construction
project.
1.2 AVA will use commercially reasonable efforts to complete construction of the Project no later
than June 30,2024.
1.3 This Agreement is not a contract providing for construction of the Project by TCDA either
directly or through a contractor and AVA is not developing the Project for or on behalf of
TCDA or the City.AVA is solely responsible for selecting a construction contractor for the
Project.The rights and responsibilities of AVA, the general construction contractor and any
subcontractors,will be provided for in separate contracts to which TCDA is not a party.
2. TCDA FINANCIAL ASSISTANCE
2.1 Subject to the provisions of this Section 2,TCDA will award AVA $400,000, to cover the
actual cost of the system development charges ("SDCs") applicable to the Project ("Financial
Assistance").
2.2 For administrative convenience,TCDA will make the Financial Assistance payment directly to
the City. Payment will be made when the SDCs are due and payable,as provided in Tigard
Municipal Code 3.24. Notwithstanding the foregoing, the payment made to the City will be
considered financial assistance to AVA for the benefit of the Project.
2.3 This Agreement expires on December 31, 2024, after which time TCDA has no financial
obligation to AVA unless the Parties extend the term of this Agreement in writing.
3. REPRESENTATIONS,WARRANTIES,AND COVENANTS OF AVA
To induce TCDA to enter into this Agreement, AVA represents,warrants, and covenants as follows:
3.1 Existence. AVA is a limited liability corporation, duly organized and validly existing under
the laws of the State of Oregon. AVA will keep in force all licenses and permits necessary to the
proper conduct of its ownership and operation of the Project.
3.2 Compliance with Laws. AVA will comply with, or cause the Project to comply with, all laws,
ordinances, statutes, rules,regulations, orders,injunctions, or decrees of any government
agency or instrumentality applicable to AVA, the Project, or the operation thereof,including (a)
all applicable health and safety, environmental, and zoning laws, (b) all federal and state tax
laws, and (c) all restrictions on the use, occupancy or operation of the Project.
3.3 Authority. AVA has full power and authority to conduct all of the activities that are now
conducted by it or proposed to be conducted by it in connection with the Project and as
contemplated by this Agreement, and to execute, deliver, and perform all obligations under this
Agreement; and the person executing this Agreement on behalf of AVA has the legal power,
right and actual authority to bind AVA to the terms and conditions of this Agreement.
3.4 Title. AVA owns and holds good and marketable fee simple title to the Property.
3.5 Development Issues. AVA is aware of no identifiable issue(s) that would preclude
development of the Project or AVA's ability to obtain sufficient financing for the construction
or permanent ownership of the Project.
3.6 Binding Agreement. This Agreement and all documents required to be executed by AVA are
and shall be valid,legally binding obligations of and enforceable against AVA in accordance
with their terms.
3.7 No Conflict with Other Agreements. Neither the execution and delivery of this Agreement
and documents referred to herein, nor the incurring of the obligations set forth herein,nor the
Page 2 Development Assitance Agreement
consummation of the transactions herein contemplated, nor compliance with the terms of this
Agreement and the documents referred to herein conflict with or result in the material breach
of any terms, conditions,or provisions of, or constitute a default under any bond, note or other
evidence of indebtedness,or any contract,indenture, mortgage,deed of trust,loan, partnership
agreement,lease, or other agreements or instruments to which AVA is a party.
3.8 Indemnity. AVA shall indemnify and hold TCDA,its directors, officers, employees and agents
harmless from and against any and all liabilities, claims, losses, damages, or expenses (including
attorney fees and title costs and expenses) which any of them may suffer or incur in connection
with (a) the inaccuracy of any of the representations and warranties made herein, (b) any
transaction contemplated by this,and (c) the construction or operation of the Project, except to
the extent such liabilities,claims, losses, damages, or expenses arise solely from the gross
negligence or willful misconduct of TCDA.
3.9 Additional Acts. From time to time,AVA will execute and deliver all such instruments,
provide such additional information, and perform all such other acts as TCDA may reasonably
request to carry out the transactions contemplated by this Agreement.
4. EVENTS OF DEFAULT
The occurrence of any one or more of the following will be an event of default ("Event of Default")
under this Agreement:
4.1 Failure to Disclose Material Facts. AVA deliberately fails to disclose any fact material to
TCDA's provision of financial assistance, or upon discovery by TCDA of any
misrepresentation by, or on behalf of, or for the benefit AVA.
4.2 Non-Compliance with Governmental Regulations. AVA fails to show evidence of full or
substantial compliance with any lawful, material requirement of any governmental authority
having jurisdiction over the Project or the Property within thirty days after notice in writing of
such requirement is given to AVA by TCDA or,if such compliance cannot be completed
within such thirty (30)-day period through the exercise of reasonable diligence, the failure by
AVA to commence the required compliance within such thirty (30)-day period and thereafter to
continue such compliance with diligence to completion.
4.3 Other Material Breach. AVA otherwise materially breaches any term, covenant, condition,
provision, representation,or warranty of under this Agreement and fails to cure such breach
within thirty (30) days after notice in writing of such breach is given to AVA by TCDA or,if
such breach cannot be cured within such thirty (30)-day period through the exercise of
reasonable diligence, the failure by AVA to commence the required cure within such thirty (30)-
day period and thereafter to continue such cure with diligence to completion.
4.4 Failure to Pay. TCDA fails to pay AVA, as provided by Section 2.
Page 3 Development Assitance Agreement
5. DISPUTE RESOLUTION AND REMEDIES
If a dispute arises under this Agreement,including an Event of Default, the Party claiming the
existence of a dispute or Event of Default will provide written notification of the dispute or Event
of Default to the other Party. A meeting will be held promptly between the Parties, attended by
representatives of the Parties with decision making authority regarding the dispute or Event of
Default to attempt in good faith to negotiate a resolution of the dispute or Event of Default. If the
Parties are not successful in resolving a dispute or Event of Default within twenty-one (21) days, the
Parties may pursue relief in a court of competent jurisdiction. Venue will be in the Washington
County Circuit Court.
6. ASSIGNMENT AND TRANSFER PROVISIONS
6.1 Restrictions on Assignments. Except as provided in this Section 6,AVA may not partially or
wholly transfer AVA's interest in this Agreement without the prior written approval of the
TCDA,which may be withheld in TCDA's reasonable discretion.
7. MISCELLANEOUS
7.1 Counterparts. This Agreement may be executed in any number of counterparts, and any
single counterpart or set of counterparts signed, in either case, by all the parties hereto will
constitute a full and original instrument, but all of which will together constitute one and the
same instrument.
7.2 Notice. Any notice required or permitted under this Agreement will be in writing and deemed
effective; (1) when actually delivered in person, (2) one business day after deposit with a
commercial courier service for"next day" delivery, (3) two business days after having been
deposited in the United States mail as certified or registered mail, or (4) when transmitted by
facsimile answer back or receipt confirmed), addressed to the parties as follows:
If to AVA:
AVA '1 igatd Development LLC
Address
City, State, Zip
with a copy to:
r�v 1 T •' Counsel]
If to TCDA:
Town Center Development Agency of the City of Tigard
13125 SW Hall Blvd
Page 4 Development Assitance Agreement
Tigard, Oregon 97223
with a copy to:
City Attorney
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
7.3 Successors and Assigns.This Agreement shall be binding upon and shall inure to the benefit
of the Parties and their respective permitted successors and assigns.
7.4 Governing Law. This Agreement will be governed by and construed under Oregon law.
7.5 Modification; Prior Agreements; Headings. This Agreement may not be modified or
amended except by an instrument in writing signed by the Parties.This Agreement reflects and
sets forth the entire agreement and understanding of the Parties with respect to the subject
matter hereof and supersedes all prior agreements and understandings relating to such subject
matter. The headings in this Agreement are for the purpose of reference only and will not limit
or otherwise affect any of the terms hereof.
7.6 Validity; Severability. If any provision of this Agreement is held to be invalid, such event will
not affect,in any respect whatsoever, the validity of the remainder of this Agreement, and the
remainder will be construed without the invalid provision so as to carry out the intent of the
parties to the extent possible without the invalid provision.
7.7 Time of Essence. Time is of the essence of this Agreement.
7.8 Waivers. No waiver made by either Party with respect to the performance, or manner or time
thereof, of any obligation of the other Party or any condition inuring to its benefit under this
Agreement will be of any force or effect unless in writing,will be construed to be a continuing
waiver, and will be considered a waiver of any other rights of the Party making the waiver.
7.9 No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby will be
deemed or construed by the Parties, or by any third person, to create the relationship of
principal and agent, or of partnership, or of joint venture, or any association between any of the
Parties other than that of independent contracting parties.
7.10 Non-Waiver of Government Rights. Subject to the terms and conditions of this Agreement,
by making this Agreement,TCDA is specifically not obligating itself, the City,or any other
agency with respect to any discretionary action relating to development or construction of the
Project,including, but not limited to, permits or any other governmental approvals which are or
may be required,except as expressly set forth herein.
Page 5 Development Assitance Agreement
7.11 No Third-Party Beneficiary Rights. No person other than a Party is an intended beneficiary
of this Agreement,and no person other than a Party may have any right to enforce any term of
this Agreement.
[Signature page follows]
IPage 6 Development Assitance Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized representatives as of the date first above written.
Executed in multiple counterparts as of the day and year above written.
TOWN CENTER DEVELOPMENT AGENCY,
an ORS 457 Urban Renewal Agency,
By: Steve Rymer,Executive Director of the Town Center Development Agency of the City of
Tigard
Signed:
APPROVED AS TO FORM:
By:
Shelby Rihala,City Attorney
AVA Tigard Development,LLC,
an Oregon limited liability company
By: AVA Tigard Development,LLC,
an Oregon limited liability company,
Its
By:
Name:
Title:
IPage 7 Development Assitance Agreement
il
p gi City of Tigard I Town Center Development Agency
Application for Re/Development Assistance Grant
Re/Development Assistance Application Review Process
1. Applicant/developer submits an application with the information listed above,the assistance ask,and the project
financial information,including pro forma.
2. Staff makes a recommendation on whether to approve the application and the level of funding to
the Town Center Advisory Commission,which makes a formal recommendation to the Town
Center Development Agency Board.
3. This grant amount and associated requirements are memorialized in a Development Agreement,which is then
considered by the Town Center Development Agency Board.
All grants are subject to funding availability and the final approval of the TCDA Board.
Application
This application is required for consideration to receive a grant as part of the Re/Development Assistance Program. This
program uses a competitive selection process that scores applications based on criteria outlined above.
Applicant Name: Amireh (Amy) Saberiyan -for AVA Tigard Development, LLC
Property Address: 12547 SW Main Street Tigard, OR 97075
Applicant Mailing Address: POBox 213 Beaverton, OR 97075
Phone: 503-860-6335 Email: amysavaroasteria.com
Property Owner Name (if different from applicant):
Property Owner Mailing Address:
Property Owner Phone: Email:
What is the amount of your grant funding request (limited to 10%of project cost or$1 million,whichever is lower)?
10% of project total cost of$9,224,239.00
Along with your application,please attach a narrative description(up to two pages) that includes the following information:
• Explain how specific program criteria are addressed by your proposed project.
• Number of units (if any)
• Number of affordable/market-rate units (if any)
• Square feet of development
• Amenities
• Project type:
o Residential/mixed-use
o Market-rate/affordable/mixed-income
o Commercial
o Other
• Expected project cost-proposed source of funding,including evidence of match(if applicable)
City ofTigard• 13125 SW Hall Blvd. •Tigard, Oregon 97223 • 503.639.4171 • www.tigard-or.gov
Page 3 of 4
wsrmotrr
IN City of Tigard I Town Center Development Agency
TIGARD
T{' ; ; Application for Re/Development Assistance Grant
I
Certification by Applicant
The applicant certifies that all information in this application, and all information furnished in support of this application,
is given for the purpose of obtaining a matching grant and is true and complete to the best of the applicant's knowledge
and belief. If the applicant is not the owner of the property to be rehabilitated/developed,or if the applicant is not the
sole owner of the property, the applicant certifies that s/he has the authority to sign and enter into an agreement to
perform the rehabilitation/development work on the property. Evidence of this authority must be attached.
Applicant Signature: �/'
Print Name: Amireh (Amy) Saberiyan Date: Feb. 28, 2023
Owner Signature (if not applicant):
Print Name: Date:
Print, sign,scan,and email to:
Sean Farrelly,Redevelopment Project Manager
sean@tigard-or.gov
City ofTigard• 13125 SW Hall Blvd. •Tigard, Oregon 97223 • 503.639.4171 •wwwtigard-or.gov
Page 4of4
AVA Tigard Development Project (AVA Roasteria Center)
Redevelopment Assistance Grant Application -A Brownfield Revitalization Project
12547 SW Main Street Tigard, OR 97223
PROJECT OVERVIEW
The AVA Tigard Development project originated to form a public-private partnership between the City of Tigard and AVA
Roasteria owners with a brownfield revitalization initiative to transform a local eyesore into a catalyst for urban
development and a place for community gathering. AVA Roasteria has a proven track record of developing brownfields
into thriving community spaces, receiving several accolades for community contributions.The AVA Tigard Development
project aims to replicate this success on a larger scale to become the destination for coffee lovers, casual gatherings, and
relaxation by Fanno Creek. In addition, this project seeks to revitalize the site into AVA's cross-functional businesses and
residence center that will catalyze Tigard's Main Street urban development vision and become the heart of downtown
Tigard from the early morning hours to midnight. With the creation of around 30 direct local jobs, increased foot traffic,
and a contribution to regional economic growth and tax base,this project will immensely benefit the City of Tigard.
1. Number of Units
The first floor of the AVA Tigard Development is
dedicated to four owner-occupied cross-functional
businesses, including a coffee shop, roastery, bakery,
and coffee cocktail bar. The second and third floors
are capped at 22 apartment units in accordance . I 'fill
with the current City of Tigard zoning ordinance. 1141 g ' I
2. Project Type-Number of Affordable/Market-rate Units kill e
The project is a mixed-use development and includes, ,,,,
four below-market rate owner-occupied commercial
retail spaces and 22 market-rate apartment units.
3. Square Feet of the Development
The three building levels offer 24,766 sq ft of space, with the first level comprising 6,980 sq ft of retail and common
areas, with the second and third levels dedicated to 17,786 sq ft of apartment living space. An additional 2,000 sq
ft is dedicated to an outdoor plaza and covered seating areas that add to an overall balance between retail and
residential use for the Tigard community.
4. Expected Project Cost
• Total Project Cost— The total cost is recorded at$8,441,984 at loan closing,with soft costs at$1,842,476 and
construction costs at$6,599,509, of which $498,000 is dedicated to the 2000 sq ft construction of a public
spaces including plaza and $66,000 to landscaping and beautification along Fanno Creek and Main Street.
• Project Budget& Overages This project faced many unforeseen and ongoing challenges resulting in an
estimated budget overage of$782,255.The following table highlights the current unexpected charges due to
the discovery of unstable fill material and boulders down to 9 feet below grade level, which resulted in
additional excavation, disposal, and substantial proper backfill material costs. This issue resulted in schedule
delays and an increase in the cost of foundation concrete. In addition, we are facing inflation and a shortage of
labor and material, which is estimated to increase the construction cost by 7%. As a small developer, we seek
the maximum grant funding to offset these costs and make this community-heralded project possible.
Construction Work Contract Budget Overage
• Excavation $473,500 $230,000
• Concrete $380,000 $40,000
• Schedule delay 2 to 3 months $110,000
• Estimated Inflation 7%on the remaining cost $402,255
PROJECT CRITERIA
1. Provides Public Amenities
The AVA Tigard Development Project has a strategic vision to create an inclusive and welcoming community space
that is affordable, healthy, and easily accessible for everyone. We entered into an easement agreement in Jan. 2021
with the City of Tigard to dedicate a premium section of the land for public viewing of Fanno Creek. This aims to
provide public access to view the beautiful Fanno Creek green corridor, providing signs exhibiting Fanno Creek's
natural habitat and history.The development will also offer a range of amenities, such as a local coffee house,
separate retail spaces for fresh baking goods and micro-roasted coffee beans, and a coffee cocktail bar. The goal is
to provide a welcoming space away from home, work, or school with free Wi-Fi and ample table spaces, encouraging
people to gather, socialize, and enjoy the area.
2. Promotes High-quality, Pedestrian-friendly Urban Design
This project is strongly committed to creating urban spaces, prioritizing a welcoming environment. We have worked
with a well-known local architect to create a building that exemplifies this philosophy. The design utilizes modern
architectural features that harmoniously blend with the natural surroundings, including generous outdoor seating
areas, planters, and light fixtures. The building's high-quality landscaping, materials, and architectural elements
exceed the city's requirements. In front of all four commercial spaces are about 2000 sq ft of sitting area, some
dedicated to plaza space facing Fanno Creek and the rest to covered sitting areas facing Main Street. The
development will also offer a scenic overlook, walkways, accessible ramps, planters, and the calming sound of
cascading water from the multiple water features alongside Main Street.
3. Provides Equitable Economic Opportunities
AVA Tigard Development is eligible and in the process of certifying as a woman-owned, minority, disadvantaged, and
emerging small business. As a women and minority-owned business, we are committed to providing equitable and
inclusive spaces for all patrons, residents, and workers.
4. Contributes to Placemaking and Local Identity
The AVA Tigard Development project is set to significantly contribute to placemaking and local identity. With 100%
of the first-level frontage dedicated to active commercial businesses, AVA Roasteria's center will be a destination
point for coffee lovers. The development also features areas dedicated to outdoor wayfinding and signage to be
installed in public viewing areas to exhibit Fanno Creek's natural habitat and history.The project aims to work with a
non-profit organization to showcase local artists' work in the coffee shop/roastery and coffee cocktail bar.
Additionally,the development is situated in a beautiful downtown area next to Fanno Creek, providing aesthetically
pleasing architecture and design to amplify the trail's natural beauty.
5. improves Multimodal Conditions
This project offers a prime location with easy multimodal access to trails, bike routes, walkways, public
transportation, and major commuter arteries. The development exceeds bike parking infrastructure requirements
by providing bike storage features for each apartment unit. It also offers high walkability access to downtown green
spaces, Fanno Creek trailhead, and commercial areas. Less than 0.3 miles from Tigard Transit Center and WES Train
station,with close access to major commuter routes like HWY 99, 217, and 1-5. Additionally,the development
provides TriMet transit passes to an estimated 30 employees of AVA and one vehicle charging station for residents.
6. Mitigates Environmental or Stormwater Issues
Through sustainable practices,we are mitigating several environmental conditions, including a) installing a vapor
barrier remedy to prevent possible hazardous chemical exposure resulting from the adjacent property
environmental impact, b) raising the entire property by about five feet from the existing grade to stay above the
100-year flood zone, c) meeting Clean Water Services' stringent requirements for a stormwater system to protect
Fanno Creek, and d) planning to install solar panels.
7. Located in a Priority Area of the TIF District
AVA Tigard Development is located at 12547 SW Main Street alongside Fanno Creek within the City of Tigard's TIF
revitalization districts with high walkability to public transit and other public and commercial spaces.
MEMORANDUM
TIGARD
TO: Chair Lueb and the Directors of the Town Center Development
Agency
FROM: Sean Farrelly, Redevelopment Project Manager
RE: Proposed Development Assistance for AVA Tigard Development, LLC
DATE: May 8, 2023
Proposal
The AVA mixed use project broke ground in December 2022. The three story 24,766 sq ft
building will have 6,980 sq ft of retail and common areas on the ground floor, and 22
apartments on the second and third stories. The retail space will have four owner-occupied
catalytic businesses, including a coffee shop, roastery, bakery, and coffee cocktail
bar. The developers are also providing a small public viewing deck (and easement) adjacent to Fanno
Creek.
The site is a former brownfield,which the TCDA purchased with the strategy of
remediating the property with a $400,000 EPA Brownfield grant. The clean-up grant work
was completed and the TCDA received a Prospective Purchaser Agreement Certificate of
Completion in 2018. The Agency then partitioned the property, (retaining the Fanno Creek
portion) and issued a Request for Letters of Interest to developers. The Agency selected
AVA Tigard Development and entered into a Development and Disposition Agreement.
The Agency sold the property to AVA in January 2021.
This project faced many unforeseen and ongoing challenges. AVA reports $380,000 in
unanticipated costs due to the discovery of unstable fill material and very large boulders
down to 9 feet below grade level, which resulted in additional excavation, disposal, and
substantial backfill material costs. This material was encountered where the previous
buildings had stood. Geotechnical reports were performed before the buildings were
demolished and so this issue was not identified before site work began.
Ava Reported Project Overages
Construction Work Contract Budget Overage
• Excavation $473,500 $230,000
• Concrete $380,000 $40,000
• Schedule delay 2 to 3 months $110,000
• Estimated Inflation 7% on the remaining cost $402,255
Total $782,255
Additionally, AVA reports $402,255 in increased costs due to inflation and a shortage of
labor and material, which is estimated to increase the construction cost by 7%.
Process
The City Center TIF District Plan includes Planning and Development Assistance as a project.
Projects that Promote high quality development of retail, office and residential uses that support and
are supported by public streetscape, transportation, recreation and open space investments are eligible
to be considered for financial assistance.
The Development Assistance program has a process with the following basic steps:
1. Applicant/developer submits an application and the assistance ask (limited to 10% of
project cost or $1 million- whichever is lower).
2. Staff makes a recommendation on whether to approve the application and the level of
funding to the Town Center Advisory Commission,which makes a formal
recommendation to the Town Center Development Agency Board.
3. This grant amount and associated requirements are memorialized in a Development
Agreement,which is then considered by the Town Center Development Agency Board.
Staff and TCAC Recommendation
Staff found that the project meets the criteria of the development assistance program, scoring highly
in the criteria of Public Amenities, High-quality Urban Design, and Placemaking and Local Identity.
Staff scored the proposal against the criteria and awarded it 237 points. 200 points is the minimum for
funding.
The application was reviewed at the March Town Center Advisory Commission (TCAC) meeting.
The applicants requested a grant of$922,423, or 10% of the project cost. Staff recommended
awarding $200,000 to jointly share in the costs directly attributed to the discovery of unstable fill
material and boulders.
By a vote 7- 3, the TCAC recommended approval of$400,000 in development assistance to the Board
of the TCDA. The TCAC recommended the higher amount to fully cover the $380,000 in costs of
excavation, additional concrete, and schedule delays due to the site conditions. The TCAC's
recommendation was in response to the developers concern that much of the project contingency had
been used very early in the project, and the developer might have to obtain additional high interest
rate financing.
Staff concurs that the AVA project was hit with a substantial cost increase due to the unexpected
boulders that were discovered once the project commenced. AVA will attend the TCDA meeting to
share additional information as to why the TCAC's recommendation of$400,000 would help defray
their costs and continue the project on this challenging site. We also recognize that this is an
important project for downtown. There has not been a new building constructed on Main Street in
twenty-two years. Active ground floor usage, new residents in new apartments, and the Fanno Creek
public viewing deck all advance the goals of the City Center TIF District Plan.
Budget
If the Board approves, this would be the second project to receive development assistance in the City
Center. (Six projects have been awarded in the Tigard Triangle.)
The proposed TCDA FY2023-24 Budget includes $400,000 for development assistance. If approved
by the Board, the assistance will pay for a portion of the System Development Charges due when the
project is completed in 2024, as outlined in the development assistance agreement.
cc: Steve Rymer, City Manager/TCDA Executive Director
Shelby Rihala, City Attorney
Emily Tritsch,Assistant City Manager for Investment and Infrastructure
Kenny Asher, Community Development Director
Development Assistance Project Scoring Matrix AVA
Tigard Development
Project Attribute/Criteria Points Description Notes
Housing and Housing Affordability
Regulated affordable 10 Per unit, no max
housing at 80%AMI or
below
Market rate housing 1 Per unit, max of 150 22
Mixed-income project Multi Mixed-income N/A
(At least 20%regulated affordable -plier projects will receive
housing and 20%market-rate (x1.5) 1.5 times the total
housing) number of points
22 market rate units x 1=22
Other Triangle Goals
For each of the following 35 Maximum each
Public Amenities 35 Provide amenities Developers are providing
above and beyond a public viewing deck(and
City standards, easement) adjacent to
including public Fanno Creek.
plaza.
High-quality Urban Design 35 Discretionary: The building features high-
landscaping,design. quality landscaping,
materials,and architectural
elements
Equitable Economic Opportunities 25 MWESB employment, AVA is in the process of
below-market certifying as a Disadvantaged,
commercial rent. Minority, Women,
Service-Disabled or Emerging
Small Businesses
Placemaking and Local Identity 30 Active frontage,art, The ground floor will be
wayfinding. highly active with retail
frontage and a covered
seating area.The
development features areas
dedicated to outdoor
wayfinding and signage to be
installed in public viewing
areas to exhibit Fanno Creek's
natural habitat and history.
Improves Multimodal Conditions 25 Transit proximity, bike Building is located adjacent to
infrastructure, etc. the Fanno Creek Trail and in a
highly walkable area. Bus
stops are close by and Tigard
Transit Center is less than 0.3
miles away.
AVA provides TriMet transit
passes to their employees.
Mitigates Env. or Stormwater Issues 30 Green building Site is a former brownfield,
standards (e.g., and the project will install a
LEED), green vapor barrier remedy to
infrastructure, prevent possible hazardous
capital projects. chemical exposure resulting
from the adjacent property.
Building is designed to be
able to install solar panels at
a future date
Located in a Downtown Priority Area 35 Specific area Site is in the high priority
requirements Main Street area
Other Triangle Goals Subtotal 215
Housing and Housing Affordability 22
Minimum Points to Qualify for RDAP 200
Total Points 237
AIS-5240 6.
Business Meeting
Meeting Date: 05/23/2023
Length(in minutes): 30 Minutes
Agenda Title: Housing Policy Update and Roadmap
Authored By: Schuyler Warren
Presented By: Senior Planner Warren
Item Type: Update,Discussion,Direct Staff
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
This item will provide a brief history of the city's affordable housing policy work in order to give the Council the
appropriate context for coming policy decisions in this arena.
The item will also provide a look ahead to those policy decisions that will be coming to Council in the near term and a
discussion of some housing issues for which there are currently no solutions or policies proposed but give a better
picture of the overall housing climate.
ACTION REQUESTED
No Council action is requested at this time.This agenda item will help prepare Council for future actions.
BACKGROUND INFORMATION
The City of Tigard's Comprehensive Goal 10 is to "Provide opportunities to develop a variety of housing types that
meet the needs,preferences,and financial capabilities of Tigard's present and future residents."
As is the case in cities across the Metro region,the state of Oregon,and the entire country,Tigard continues to struggle
with a housing crisis,one which has been particularly acute for our residents earning less than the regional median
income.
This presentation will highlight the work Tigard has done over the past decade to remove regulatory barriers,promote
cost-efficient housing construction,support affordable housing developers,and generally improve the economic
prospects of our residents.
The presentation will wrap with a roadmap of some policy decisions that will be coming to the Council in the near
future.
Dates of Previous and Potential Future Considerations
None
Public Involvement
None for this item,although substantial public involvement in housing development
Impacts (Community, Budget,Policies and Plans/Strategic Connection)
Comprehensive Plan Goal 10: "Provide opportunities to develop a variety of housing types that meet the needs,
preferences,and financial capabilities of Tigard's present and future residents.
ALTERNATIVES & RECOMMENDATION
No recommendations or alternatives at this time.This item is a briefing only.
ADDITIONAL RESOURCES
Attachments
Affordable Housing Presentation
Tigard Housing Initiatives
City Council
May 23, 2023
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New Construction and Population Growth
Portland MSA Housing Permits per Population Change
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Source:Census Portland State Uni, ,'arsity, State of "•=' . gton,Oftgon Office of Economic Analvsr,
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Fi:ure 13. Total Housin: Need Allocated b Re:ion, Revised Methodolo_
Region 20-year Units Lost Under- Units to Total Units % Of
projected to Second production Address Total
need & Vacation Homelessness Units
Homes
Deschutes 47,900 9,184 4,837 1,194 63,115 11.4%
Northeast 16,075 6,604 - 899 23,578 4.3%
Northern Coast 14,153 6,073 295 2,309 22,830 4.1%
Southeast 927 466 - 538 1,931 0.3%
Southwest 33,527 4,591 5,823 4,579 48,519 8.7%
Willamette Valley 97,713 2,676 21,854 8,972 131,216 23.7%
TOTAL 426,163 33,535 65,819 29,174 554,691 100.0%
% Of Total Units 77% 6% 12% 5% 100% -
Oregon Housing Needs Analysis Technical Report ill I 1 h"
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New Single Family Construction in Oregon
Monthly data at annualized rates and Housing Starts
30,000
20,000
10,000
Jan-95 Jan-00 Jan-05 Jan-10 Jan-15 Jan-20
ez.
Latest Data:December 2022 I Source:Census,Oregon Office of Economic Analysis
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New Multifamily Construction in Oregon
Monthly data at annualized rates for and Housing Starts
30,000
20,000
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10,000
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Latest:December 2022 l Source:Census,Oregon Office of Economic Analysis
The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence
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Oregon Households Struggling
with Housing Costs
Oregon households , or that spend more
Than of income on housRn , do not have enough residual income after paying
for housing, or have income below MIT's Living Wage
0 100,000 200,000 300,000 400,000
124,000(21%)
Renters with '' 262,000(44%)
cash rent 316,000(54%)
369,000 (63%)
31,000(4%)
Owners with `;,144,000(20%)
a mortgage 142,000(20%)
219,000 (31%)
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Portland Homeownership Affordability
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payment and total housing costs not exceeding 30% of income
c, > ' 1 I Share of Households, right
400,000 40%
350,000 35%
300,000 + 30%
i Drop from
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150,000 15%
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150,000
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Jan-21 Jul-21 Jan-22 Jul-22 Jan-23
■
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AIS-5244 7.
Business Meeting
Meeting Date: 05/23/2023
Length (in minutes):30 Minutes
Agenda Title: Police Services Levy Ballot Measure Date Selection
Authored By: Kathy Nyland
Presented By: Assistant City Manager Nyland
Item Type: Motion Requested
Public Hearing No
Legal Ad Required?:
Publication Date:
Information
EXPLANATION OF ISSUE
Discuss and receive direction on continuation of the existing Police Services Levy.
ACTION REQUESTED
Staff is seeking direction from Council on how to proceed with the Police Services Levy, specifically when
to place this measure on the ballot. Several considerations factor into this decision,including voter turnout,
other measures on the ballot, and voter trends gleaned from this current election.
BACKGROUND INFORMATION
At its May 16,2023 meeting, Council received the recommendation to pursue a renewal of the current
Police Services Levy. The purpose of this briefing is to determine the date for that election.
Several considerations factor into this decision of when to place a ballot measure,including voter turnout,
other measures on the ballot, and voter trends gleaned from this current election. Additionally, should a
measure be placed on any ballot other than the May primary election or November general election, that
would be considered a special election and the city would have to pay election costs.
Voter Turnout in Washington County
The figures below show the historic voter turnout in Washington County for both primary and general
elections for Presidential years.
2016:
•May 17,2016 Primary Election
•Total Ballots Cast: 148692
•Registered Voters: 305326
•Overall Turnout: 48.70%
•November 8,2016 General Election
•Total Ballots Cast: 273702
• Registered Voters: 341315
•Overall Turnout: 80.19%
2020:
•May 19,2020 Primary Election
•Total Ballots Cast: 174532
•Registered Voters: 369288
•Overall Turnout: 47.26
•November 03,2020 General Election
•Total Ballots Cast: 322760
•Registered Voters: 384808
•Overall Turnout: 83.88%
Upcoming campaigns
Currently,we are considering three potential ballot measures for the City of Tigard: Charter amendment,
Police Services, then a potential bond to modernize facilities.
We anticipate the Charter Review recommendations will be on the May 2024 ballot.
In May 2019,voters approved a renewal of Tualatin Valley Fire&Rescue's (TVF&R) five-year local option
levy to ensure fast and effective emergency response. TVF&R is placing an enhanced levy on the May 2024
ballot.
Trends
We are reviewing the performance of funding measures at the most recent special election last week and
will present a high-level summary of results at the meeting on May 23rd..
The current Police Services Levy was approved by voters in May 2020.The Police Services Levy and the
associated revenue expire at the end of 2025. Because of the important essential services provided by this
levy,we are recommending that a ballot measure be considered by voters in 2024.
Dates of Previous and Potential Future Considerations
3/26/2019 - Initial Discussion of Potential Local Option Levy and/or Bond
4/23/2019 - Discuss Local Option Levy and Facility Bond Alternative
6/25/2019 - Receive Presentation on Safe Routes to Schools Infrastructure Projects Levy Proposal
6/25/2019 - Discussion on Timing for the Police Facilities Bond
8/13/2019 - Consider Resolution to Appoint Members to the Levy&Bond Task Force
9/24/2019 - Receive Update on Local Option Levy Planning
11/5/2019 - Receive Update on Local Option Levy Planning
11/12/2019 - Receive Update on Local Option Levy Financials
2/17/2019 - Update on Local Option Levy and Report on Community Survey Results
1/7/2020—Council Goal Discussion and Local Option Levy (funding alternatives)
4/25/2023—Council review of Police Services Levy background and history
5/23/2023- Council discussion on continuation of a Police Services Levy
ALTERNATIVES & RECOMMENDATION
Council could choose not to provide direction to staff at this time,or could prefer different timing for a
Police Services ballot measure.
ADDITIONAL RESOURCES
2023-2025 City Goals and Actions:
Enhance Community Safety and Accessibility.
Pass a Police Services Levy.
Police Services Levy page www.tigard-or.gov/policeservicelevy
Police Transparency page www.tigard-or.gov/transparency
Attachments
No file(s)attached